BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.: 201 of 2019.
Date of Institution: 06.05.2019.
Date of Order: - 18.11.2019.
Satyawan Saini son of Sh.Dharam Singh, age 52 Address C-55, New Bharat Nagar, Bhiwani (HR) Phone No.9354890451
….Complainant.
Versus
M/s Modular Kitchen Maker Plot No.160-161, Sector-25 Behind New Bus Stand near Wine shop Bhiwani Phone No.9253329787, 9215555705
…...Opposite Party.
Complaint under Section 12 of the
Consumer Protection, Act, 1986.
Before: - Hon’ble Mr. Nagender Singh, President.
Hon’ble Mr. Shriniwas Khundia, Member.
Present: Complainant in person.
OP exparte.
ORDER:-
PER NAGENDER SINGH, PRESIDENT
Brief facts of the complainant’s case are that the opposite party promised to prepare a kitchen by using all Italian furniture /other items but the opposite party had used the Indian material/local market which was very cheap in quality and had charged Rs.1,45,000/- from the complainant without providing any bill. The opposite party had charged Rs.80940/- in excess as compare to the price of the material of local market including labour charges and wooden charges. Hence, there is deficiency in service and unfair trade practice on the part of the opposite party. Hence, the present complaint. In evidence, the complainant has tendered his affidavit Ex.CW1/A and affidavit of Sh.Jai Bhagwan as Ex.CW2/A and documents Annexure C1 to Annexure C20.
2. On notice, which was sent through registered post, no one appeared on behalf of opposite party despite lapsing of period of more than 30 days, therefore, the opposite party was proceeded against exparte vide order dated 09.08.2019.
3. We have heard the complainant at length and gone through the case file carefully.
4. The complainant has pleaded that the opposite party had prepared the modular kitchen with the material available in the local market despite the fact that the Italian furniture/other articles were promised to be used and even it had charged excess amount of Rs.80940/- from him as the cost of used material in preparing of kitchen was very low. In support of his plea he has placed his duly sworn affidavit Ex.CW1/A alongwith photographs Annexure C5 to Annexure C7, Annexure C13 to Annexure C20. Sh.Jai Bhagwan Singh had also placed his duly sworn affidavit Ex.CW2/A in support of the claim of the complainant wherein he has mentioned that material used is available in local market in very low cost, many defects are rectified by me and many are still pending and photographs of pending defect are attached. Perusal of the affidavits Ex.CW1/A, Ex.CW2/A and photographs Annexure C5 to Annexure C7, Annexure C13 to Annexure C20 reveal that the opposite party had been deficient in providing service to the complainant. To prove his version, the complainant has placed on record a copy of letter dated 19.10.2018, Annexure C2, written by him to the M/s Spartan wherein it has been mentioned that inferior quality of material has been used by him/opposite party for preparing the Italian Kitchen in the house of the complainant. Moreover, he also made a complaint that the opposite party has not provided any bill to the complainant. This letter was sent to the opposite party through registered post and the receipt thereof is Annexure C3. The complainant has also placed on record a copy of pass book which is Annexure C9 which shows that he had paid an amount of Rs.75,000/- on 15.01.2018 and Rs.65,000/- on 03.04.2018 to one Punit, who is partner of the firm of the opposite party. On the other hand, the opposite party even failed to appear before this Forum in the present complaint to rebut the case of the complainant. It appears that the opposite party has nothing to say in this case to controvert the stand taken by the complainant. More-so, the opposite party has also not issued bill to the complainant and also used the inferior quality of material in preparing the kitchen. Therefore, the case of the complainant remained unchallenged and un-rebutted. Therefore, in view of the circumstances mentioned above, the complaint of the complainant is allowed and the opposite party is directed as under: -
- pay Rs.50,000/- as compensation on account of mental agony, physical harassment & hardship due to deficiency in service and unfair trade practice on the part of opposite party.
- To pay Rs.5000/- as litigation charges.
The compliance of the order shall be made within 30 days from the date of the order. In case of default, the opposite party shall liable to pay interest @ 9% p.a. from the date of passing of order till its realization on the amount mentioned in column No.(i). Certified copies of the order be sent to parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: - 18.11.2019
(Shriniwas Khundia) (Nagender Singh)
Member President,
District Consumer Disputes
Redressal Forum, Bhiwani.
